5.  The applicant was born in 1958 and is currently detained in Sumy no. 116 Correctional Colony.
6.  At the material time the applicant was a deputy head of the Sumy District State Administration. He has been suffering from chronic lymphocytic leukaemia since 2002 and underwent several courses of chemotherapy in 2007-09.
7.  On 3 June 2009 criminal proceedings for corruption were instituted against the applicant. On the same day he was arrested and detained for eight days. According to the applicant, on the first day of his detention he was not given any water or food, and was not provided with any medical assistance.
8.  On 22 June 2009 Sumy Regional Hospital informed the applicant’s lawyer B. that the applicant had been in the hospital on five different occasions between 15 March 2007 and 22 June 2009. He was suffering from chronic lymphocytic leukaemia, which fell into the category of terminal illness, so only maintenance treatment in a specialised haematology department was possible for him in addition to permanent medication while not in hospital.
9.  Between 28 July and 13 August 2009 the applicant was in Sumy Regional Hospital. He was diagnosed with chronic lymphocytic leukaemia, atherosclerotic cardiosclerosis, hypertension, chronic cholecystitis, chronic pancreatitis and cysts on both kidneys.
10.  On 8 September 2009 the applicant was recorded as falling into the third category of disability (the mildest) on account of his condition. In accordance with an Instruction on Assessment of Disability Levels, adopted by the Ministry of Health Protection of Ukraine on 7 April 2004, in force at the material time, the third category of disability included people with constant functional body disorders of moderate gravity, which caused moderate limitations of daily activity.
11.  On 23 December 2009 the Sumy Regional Court of Appeal convicted the applicant of corruption (receiving 100,000 Ukrainian hryvnias (UAH) (at the material time around 8,700 euros (EUR)) in return for allocation of 2.8 hectares of plots of land) and sentenced him to seven years’ imprisonment, banned him from holding administrative positions, and ordered his property to be confiscated. The court noted that the applicant’s state of health had been taken into consideration when he was sentenced. In these proceedings the applicant was represented by lawyers B. and D.
12.  On the same day the applicant was placed in the Sumy Pre-Trial Detention Centre.
13.  The applicant appealed against this sentence. In his appeal the applicant’s lawyer, M., mentioned that the applicant needed kidney surgery and was suffering from chronic lymphocytic leukaemia. He believed that these were among the conditions which could serve as a basis for release. Therefore, he stated that the applicant’s sentence amounts to “the death penalty”.
14.  On 25 March 2010 the Supreme Court of Ukraine examined the case on the facts and points of law and upheld the applicant’s sentence without expressly addressing the issue of his medical condition. However, it was indicated that the lower court had correctly assessed the mitigating circumstances when sentencing the applicant. From the documents submitted by the applicant it is unclear what specific medical evidence was presented before the national courts.
15.  On 7 April 2010 the applicant was transferred to Sumy no. 116 Correctional Colony.
16.  On 17 April 2010 the applicant was placed in the medical wing of the colony. He was diagnosed with atherosclerotic cardiosclerosis, chronic cholecystopancreatitis, kidney cysts and chronic lymphocytic leukaemia (Stages III-IV), and given cardio and antispasmodic medication.
17.  On 26 April 2010 the applicant was examined by a haematologist of a regional hospital and was recommended to undergo chemotherapy.
18.  Between 22 June and 7 July 2010 the applicant underwent treatment in the Temnivska no. 100 Correctional Colony hospital. He was diagnosed with chronic lymphocytic leukaemia, atherosclerotic cardiosclerosis, hypertension, chronic cholecystitis, chronic pancreatitis and obesity. It was recommended that he continue to be treated in the haematology department where he was serving his sentence. It was further noted that, if necessary, the question of the applicant’s release should be decided after the applicant had had a full examination in a specialist clinic.
19.  On 23 July 2010 the Head of the Sumy Regional Department of Execution of Sentences requested the Head of the Health Department of Sumy Regional State Administration to arrange for the applicant to be examined by a haematologist and a chemotherapist at Sumy Regional Hospital. In reply he was informed that the applicant would be placed in the haematology wing of Sumy Regional Hospital.
20.  On 26 August 2010 the applicant was examined by Professor T. of the Institute of Haematology and Transfusiology of the Academy of Medical Science of Ukraine. It was noted that the applicant’s condition started to deteriorate from the beginning of 2009. He underwent five courses of chemotherapy, which had a positive but temporary effect. At the present moment the applicant’s state of health was deteriorating. He was experiencing weakness, faintness, abdominal pain, loss of appetite and loss of weight. The applicant was diagnosed with chronic lymphocytic leukaemia (IV cancerous stage), which required immunochemotherapy to be performed in a haematology unit.
21.  According to a notice issued on 23 September 2010 by Sumy Regional Hospital, the applicant needed immunochemotherapy in hospital in addition to other treatment “the absence of which may lead to his death”.
22.  On 28 October 2010 a letter similar to the one of 23 July 2010 was sent to the Head of the Health Department of Sumy Regional State Administration. The department was further requested to “submit information about how the sentence may be served, in view of his state of health” and whether it would be possible for him to be transferred to a medical institution of the Department of Execution of Sentences.
23.  In reply the Head of Sumy Regional Department of Execution of Sentences was informed that on 25 October 2010 the applicant was examined by two haematologists, a cardiologist and a urologist from Sumy Regional Hospital. He underwent an ultrasonography, an electrocardiogram and had a blood test. The applicant was diagnosed with chronic lymphocytic leukaemia (IV cancerous stage), hepatolienomegaly (enlargement of the liver), toxic syndrome, ischaemic heart disease, cardiosclerosis, hypertension, heart failure, and cysts on both kidneys. The doctors’ commission concluded that the applicant required immunochemotherapy in Sumy Regional Hospital and that the kidney cysts should be operated on. It was considered impossible to transport the applicant to hospitals of the State Department of Execution of Sentences.
24.  On 16 and 30 November 2010 the applicant refused to be transported to the oncology department of the Lviv Pre-Trial Detention Centre because it was a long way away from the colony.
25.  Between 30 November and 13 December 2010 the applicant underwent chemotherapy in Sumy Regional Hospital.
26.  Between 15 and 24 January 2011 the applicant was in the medical wing of the colony. He had been diagnosed with acute otitis.
27.  Following requests by the applicant’s wife for his release, on 4 February 2011 the Sumy Regional Prosecutor wrote to the Head of the Sumy no. 116 Correctional Colony and the Head of the Health Department of the Sumy Regional State Administration requesting them to set up a medical panel to examine and assess the applicant by 10 February 2011 in order to decide whether there were medical grounds for the applicant’s release. The following questions were to be put to the panel: 1) What conditions was the applicant suffering from? At what stage of development were these conditions? 2) Had the applicant been diagnosed with any condition which appeared on the list of conditions for release (see paragraph 34 below)?
28.  On 8-9 February 2011 the applicant underwent a comprehensive examination in Sumy Regional Hospital by a panel of six doctors which included two deputy heads of the hospital, the heads of the haematology and urology departments and other specialists. The applicant was diagnosed with chronic lymphoid leukaemia (Stage IV), ischaemia, hypertension, large cysts on both kidneys, and other conditions. The commission concluded that the applicant did not have health problems which could serve as a ground for request for release. In particular, the applicant’s diagnosis did not fully coincide with the medical condition indicated in the List, since the applicant did not have anaemia, thrombocytopenia or constant recurring infections. According to the List, chronic lymphoid leukaemia could serve as a ground for release only if complicated by those conditions.
29.  On 6 May 2011 the applicant was again examined by a haematologist. He had a complete blood count, biochemical blood assay, brain computed tomography, ultrasonic examinations of various internal organs, electrocardiogram and other procedures. On 10 May 2011 the applicant was assessed by a medical panel, which consisted of ten doctors, including the deputy head of the Sumy Regional Hospital, deputy heads of various hospital departments, and professors from Sumy Medical University. The panel concluded that none of the applicant’s health problems was severe enough to serve as a basis for his release. It was also concluded that the applicant’s condition was unchanged, however, the results of his analysis showed some improvement.
30.  On 20 September 2011 the applicant was placed in the surgical wing of the Correctional Colony No. 85 Hospital. He was diagnosed with unilocular cysts on both kidneys.
31.  Further information about the applicant’s condition is not available.